02/09/25
Online gambling is a booming digital market-but advertising it has become increasingly sensitive across Europe. This piece looks at what gambling companies can and cannot do in 2025, the tension between EU-wide standards and national restrictions, and why regulators are tightening the rules to protect players and communities.
🎯 The Legal Baseline: What the EU Says
At the EU level, there is no sector-specific regulation exclusively for gambling services. Instead, gambling advertising falls under general directives-such as the Unfair Commercial Practices Directive, the Audiovisual Media Services Directive, GDPR, AML directives, e-commerce and consumer rights directives-ensuring adverts remain fair, transparent and protective of consumers.
The European Commission encourages Member States to modernise national frameworks and enhance administrative cooperation-supporting consumer protection and oversight, though leaving detailed rules to national discretion.
Emerging EU digital rules also intersect with gambling advertising:
The Digital Services Act (DSA) mandates transparent labelling of ads, public ad repositories by very large online platforms, and bans behavioural advertising using sensitive data or targeting children.
The European Accessibility Act (EAA), effective from June 28, 2025, will require accessibility of digital services-including gambling platforms’ user accounts, payment interfaces, and support channels, aligned with WCAG 2.1 AA standards.
The Artificial Intelligence Act also applies, requiring disclosure of AI-based systems used in player tracking and recommendations.
⚖️ Different Countries, Different Rules
Member States exercise sovereign control over gambling advertising, with regimes ranging from state monopolies to multi-licensing-aligned with EU freedoms under the TFEU and CJEU jurisprudence.
Many countries have imposed strict national advertising restrictions:
Germany applies time-based ad curfews (e.g., 06:00-21:00), imposes honesty requirements, disallows bonus promotions, and forbids direct behavioural targeting.
Other nations-including Italy, Spain, Belgium, and the Netherlands-even enforce complete or near-full bans on gambling ads or stringent curfews.
In Ireland, as of 2024, a sweeping prohibition on advertising between 05:30 and 21:00 is underway, along with bans on free bets, VIPs, and mandatory contributions to a social impact fund.
🌍 Why These Rules Exist: Risks, Cases, and Examples
The justification for these restrictions centres on public health concerns-particularly the influence of gambling ads on minors and vulnerable individuals-supported by research indicating harm and normalization of gambling behaviours.
The DSA’s ad transparency and behavioural advertising rules directly impact operators with digital ad components-requiring disclosure, moderation reporting, and transparency even in pop-ups and in-app banners.
The EAA’s application to gambling platforms underscores the need for inclusive design-even where games themselves may be exempt, peripheral elements such as payment, account, and support functions must comply.
Example Application: A sports-betting operator in Spain must adhere to national licensing rules, avoid Prime-time advertising, ensure all digital interfaces are accessible, label ads clearly under DSA, and refrain from targeting vulnerable users via profiling.
In 2025, EU-wide regulation of online gambling advertising remains an intricate patchwork-guided by horizontal directives, emergent digital laws (DSA, EAA, AI Act), and strong national frameworks curbing adverts by content, timing, or medium. Across the EU, legal strategies tilt firmly toward consumer protection, transparency, and safeguarding vulnerable groups. Should your organisation require guidance navigating ad compliance or national permitting, NUR Legal stands ready to assist. Contact us for tailored legal support in this complex regulatory terrain. Also you can visit NUR-Legal.com.
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Nurlan Mamedov